People v. Kingery CA6

I. INTRODUCTION

Defendant Jason Zachary Kingery pleaded no contest to assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). 1 The trial court placed defendant on formal probation for 24 months. On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case but raises no issues. We notified defendant of his right to submit written argument on his own behalf within 30 days. We have received no written argument from defendant. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have carefully reviewed the entire record and determined that there are no arguable issues on appeal. Following the California Supreme Court’s direction in

All further statutory references are to the Penal Code. Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background2 Santa Cruz County Sheriff’s Deputy Caitlin McBride contacted Kerwyn Brumble on March 17, 2021. Brumble reported that he had been threatened twice while conducting…